pulled away and the vehicle contacted the officer and the officer one of the big issues was the officer's placement of the finger on the trigger. when the contact was made there's a normal reaction the officer was struck by the vehicle but the normal reaction is going to be to flinch or contract and if placement is incorrect that contraction happens. >> she did not intend to shoot the gun. she squeezed her hand and the gun went off. she clenched with her finger on the trigger. >> okay. anything further for the sergeant? >> thank you very much and again thank you to your unit

for all their hard work and putting this together greatly appreciated. >> call line item 3 b. >> review of recent activities presentation of of the occ statistical reports and mediation of complaints. presentation of statistical reports july 2014 and mediation of complaints in july of 2014 and presentation of occ's second quarter 2014 comprehensive report. >> good evening how are you? >> good evening i'm fine thank

you. members of the commission and members of the audience this evening i have 3 reports i will try to keep them brief and i will not discuss recent activities other than i announced this at the police commission community meeting last week and that is the -- occ has online complaining now it's on our website www-ssgov forward slash sec and this has been a long time coming. there were funding issues we contracted with an outside vendor who was able to produce the program and it worked at the outside vendor's site but

it wasn't integrating into our website properly so our information technology -- chris worked on it and it went live last week. so let's start with june and the june 2014 statistical reports we do have a summary of complaints and the cover letter in your packet, so in brief i'll move to the mediation of complaints in june. five occ cases were mediated in june that's one more than was mediated in june 2013 between january 1st and june 30th the occ mediated 30 complaints compared to 24 during that 6-month period the

year before. in june a adjudicated 3 cases that the occ sustained one was neglected duty for failure to collect traffic stop data the officer was admonished and retrained and another one was failure to complete a citation. the officer was admonished and retrained and another one was unnecessary force where the complaint ant spit in the officer's face and the officer then used the closed fist strike to strike the com plainant on the left side of her face near her eye and the

officer received a reprimand. that is the june report and the july report mediation of complaints. the occ mediated 3 cases in july. one less than were mediated in july 2013 but as of july 31 st, 33 occ complaints were mediated compared to 28 between january 1st, 2013, and july 21st st 2013. there are, i believe, 10 or 11 complaints that the that chief a adjudicated in july and i will just quickly summarize

them. neglected duty sergeant failed to collect traffic stop data and the sergeant was admonished and retrained. the use of profanity and a sexual slur the officer was admonished and retrained. a neglected duty under the department language access -- department general order 5.20 the officer was admonished and retrained. another neglect was failure to enter the complaint into primary language cantonese and the officer failed to record the interview of limited english spanish speaker the officer was admonished and

retrained and un warranted action and neglect of duty with plain clothed officers driving an unmarked vehicle initiating a traffic stop. when the conduct of the complain ant was not an aggravated -- the officer was admonished and retrained and another failure to collect traffic stop data the officer was admonished and retrained. a third failure to collect traffic stop data the officer was admonished and retrained. and another neglected duty in violation of duty the officer failed to take the complaint ant's bicycle in for safe keeping and the

officer was admonished and retrained and un warranted action where an officer in violation of the order 10.08 an officer used her computer to access facebook unrelated to her work and the officer received a written reprimand and a final un warranted action involving an officer reaching into the complaint ant's car and moving the complaint ant's backpack during the traffic stop the officer was admonished and retrained. in that stance the backpack was turned around the officer did not go into the backpack. that concludes the june and july statistical reports. unless there are questions i can move to the

second quarter report. questions? >> excuse me -- june 2014 report unnecessary force incident. would provoke a reaction i'm concerned sounds to me like a punch. >> yes. >> okay. was the -- was the woman injured with this punch at all? >> not severely to my knowledge. >> was hospitalization required

at all? >> i can discuss the details with you offline but i don't have that information with me. >> i'm happy to -- she was treated. she did not suffer injuries and the punch was thrown because she was about to spit again so the officer did not have time although other officers arrived and had to deploy pepper spray because she was so combative she spit again they grabbed her and the reason i agree with director hicks that the force was inappropriate was that if his solution to stop the attack was to throw the punch, then she shouldn't have been able to keep spinning and she was able

to keep spinning. >> that was my concern as well. thank you. i know that there's a written reprimand but i hope there's also some discussion and retraining involved as well. >> there was retraining involved. >> one quick question. chief it was mentioned here of a traffic stop by an unmarked car so with all my years i didn't realized so unmarked police car is not allowed to make a traffic stop? >> right. for fear that they might mistake you for someone other than a police officer and you might actually cause a more serious situation than get them to comply and give a ticket. >> i just had one question i think we talked about this -- but the failure to collect the

traffic data is the 585? >> the 585. >> the racial demographics the folks we're talking about their first offense? >> if there's a third offense they would get time off. >> okay thank you. >> thank you. your welcome. if i might add with regard to the complaint ant who was spitting -- after the officer -- the officer moved away. other officers, though, struggled with her and eventually were able to put a spit mask on her. moving to the second quarter report --

for 2014, again, i will keep it brief because the statistics have been provided to you in the april, may and june monthly reports. including the one i just gave to you but during the second quarter, the occ received an adjusted total of 155 complaints of police misconduct or failure to take action we closed 340. the occ sustained allegations of misconduct during the second quarter in 16 complaints and for the second quarter that's that's a 10 percent sustain

rate but for the total 6-month period the occ sustained 24 cases for a sustain rate of 7 percent. we mediated 13 cases during the second quarter that's an 8 percent mediation rate for the 6-month total and that's an 11 percent mediation of cases. and moving to organizational and budget matters during the second quarter continued to work with the department of human resources to create a list of eligible investigators for hiring. . during that second quarter the job announcement was posted and a written, the written portion of the exam was

given now we're in the third quarter, and the h.r. will be conducting the oral portion of the examination and then provide me with a list for me to hire complaint investigate ors and once that is complete, then the recruitment for the 8126 senior investigator position can begin. moving to technology i've already highlighted our online complaint filing tool. regarding the budget, budget matters, they were considered during the second quarter that's when the mayor released his proposed budget to the board of supervisors for final adoption by the board regarding the occ's budget the mayor took

no budget cuts from the occ and also helps to enhance the occ's budget by reducing the attrition adjustment by $84,000 and it will still preclude me from hiring a couple of positions -- i will have to leave vacant and the mayor also provided us with funding for 2 cars one of which the board of supervisor's took away but we do have a car that is functional, so with our functional car and the new car we will be whole. moving to investigation of cases, the first quarter was when we saw a surge in complaints a 25

percent surge in complaints. anything leveled out the second quarter will be impacted from the first quarter so the average caseload for investigators during the second quarter was 23 cases per investigator and as i pointed out in previous reports, when the controller audited in january prior to my time the controller found that that 16 cases per investigator so we're still exceeding our best practices level. the fact that they doubled the number of cases that they were sustaining and those take time.

>> moving to sustained cases, we've already discussed sustained and adjudicated cases so i will not go over those further. complaints of note the occ at the close of the second quarter had four open investigations of officer involved shootings but in in the last 6 weeks 2 of those cases have been closed and no finding of misconduct. also, the case involving the death of a bicyclist in a vehicle collision was open as of the close of the second quarter but in in in the last 6 weeks the occ concludes it's investigation in that matter as well and finally with the san francisco police department investigation of a missing person at san francisco general hospital that was a complaint

that was filed with the occ that case has been closed within the past 6 weeks with no finding of misconduct. the other major cases that i included in the report still remain open. in the report i list there are numerous outreach activities and i refer you to the report to see how robust our outreach activities has been. and in policy analysis, the occ continues to work on a language access matters with the police department and that's department general order 5.20 and the occ meets monthly with

domestic violence and sexual assault providers and a training video that was worked on was released an officer training video entitled investigative techniques for overcoming language barriers. and that training video is posted on youtube. the occ also during the second quarter worked on the finalizing department general order -- children of arrested parents and then finally the occ recommended that the department adopt written procedures and provide officer provide training on officer initiated driver incapacity proceedings

where officers can notify the d.m.v. for a reexamination of an individual's license and that can result in an individual losing his or her license and having to go through a pretty onerous reexamination process to show that they are not mentally or physically incapacitated and having the appropriate evidence to do so so the chief has issued a department bulletin regarding the same and that concludes my report. >> thank you very much that's very thorough. i'm concerned about the lack of staffing and the mayor's budget but things do change. things do change

hopeful ly we'll be able to work that out. what if you seen so far? >> we've received a few but not many. but again, we have not publicized it much. and so we will do that and i also -- i'm glad president mazuko you mentioned the budget i neglected to say that we have department heads have been instructed by the mayor to provide a one and a half percent budget reduction because of a ballot measure that would provide -- if adopted -- in november the city

and county of san francisco measure to set aside mta and that would result in the city's budget being $23 million out of balance so every department has had to provide give back in hours was $53,000. out of our personnel budget of course. >> thank you. >> the outreach you know the data is predicated on making sure people know where to go and make complaints great job on the outreach i remember commissioner -- in terms of of chinese language outreach so i

didn't know if there was any update on that to make sure we're reaching everybody in the language they use to understand. >> yes commissioner he and i have been in touch but nothing yet has crystalized. >> okay looking forward to that thank you. >> thank you. >> sir? >> yeah i too was asked for a contingency of 1.5 percent on year 2 so the mayor's office asked out of an abundance of caution should the measure pass that would have to come from the other department's budget since this 2-year budget cycle had already passed so we're hopeful that doesn't come to pass but we did too have to put up a contingency plan should we have to reallocate those funds. >> interesting.

>> thank you very much director. >> you're welcome. >> please call commission reports. >> discussion the president's report and commission reports. >> briefly, prior to the last meeting we actually had the medal of valor selection process that took place and again commissioners will be receiving the results of that process and for approval it was pretty much a day long event and again, what we did was reviewed incidents where officers were rescuing people from fires and the asiana aircraft and those officers who were nominated for doing the work above and beyond what they

were asked to do and what made it interesting was the only people that voted was the captains and command staff and the inspect tore and i were in the room to count the marbles and it was an solemn event and there's a secret selection process in a box that's been in the department since the 18 hundreds. >> it's old. >> and there's marbles for each med al gold and silver and bronze and that box is passed around and the marbles are put inside and in order to receive the award you have to have 2 thirds of the marbles and the

officers said no we're just doing what we're supposed to do except for one for one lt said they asked him not to leave me alone and that was the only comment we had that was pretty powerful and we'll get those for review for your approval and the director is also part of the process and that was pretty powerful and i wanted to add at our last meeting which was in the mission district community i had the great pleasure of introducing our our newest commission so i'd like for you to welcome her here and we're really happy to have you here so thank you. >> commissioner's anything to report? >> i'm wanting to report that

on august 6th i attended along with occ director joyce hicks a training on trans gender issues and how to contact the individuals in the community who are transgender and it was a great experience and it was put on by -- director hicks was very much active in as well as the department of justice and it was a great learning experience and i hope that others will take advantage of the information i know i've asked for the powerpoint to be passed around so that we can all learn about how those issues can be better utilized to serve our community and our

department has already made great strides toward those efforts so this can help in those efforts. >> any further announcements? >> okay please call line item 3 c scheduling items identified for future commission meetings. >> next wednesday the 20th so we will not have a

. >> and then also with reference to to an issue that actually dovetaills i know i received a copy of a draft and i've reviewed it and it looks pretty good to me but i think we need to move sooner than later on that. when are we scheduled on